Internet & Technology

bureau Brandeis has unequalled knowledge and experience in the area of Internet & Technology. We have been at the root of developments in legislation on this area of expertise. No Dutch firm can rival our court experience in Internet & Technology.

We are known for our strategic and creative approach to, often complex, legal puzzles. We pride ourselves in having assisted our clients with technological innovations that have changed the world. We were involved in the foundation of Skype, have been eBay’s regular Dutch attorney for years and assisted Netflix in the establishment of its European headquarters in Amsterdam.

From the birth of the commercial internet bureau Brandeis’ attorneys have litigated in high-profile cases in the area of Internet & Technology. Every year bureau Brandeis is involved in pioneering cases in this sector.

In 2003 we won a legendary case before the Dutch Supreme Court for a peer-to-peer technology provider, the first one worldwide;

In 2006 we won a case regarding the release of personal data for UPC, KPN, Orange and other internet providers;

In 2012 we won a case for Marktplaats on the liability of platform providers at the Court of Appeal in Leeuwarden;

In 2014 the Supreme Court dismissed legislation that blocked taxes on MP3 players;

We are currently acting in three cases before the European Court of Justice: Sanoma/ GeenStijl on the copyright classification of the hyperlink, NUV/VOB on the issue of whether libraries are allowed to lend e-books without the publishers’ permission and XS4ALL/Brein, a case concerning the question of whether or not internet providers should block internet traffic to The Pirate Bay.

We combine technological knowledge with legal knowledge. bureau Brandeis’ attorneys are able to explain the workings of the internet to a judge in comprehensible terms. This gives us a great advantage over attorneys who have little to no feeling for technology. In order to bring complex technological aspects forward, we regularly work with experts.

We litigate and advise on the following topics, amongst others:

liability of internet service providers and intermediaries with respect to the unlawful or infringing actions of their users or clients;

the tension between the right to privacy and the freedom of speech;

consequences of “the internet of things” for the safeguarding of personal privacy;

how legislation should be adapted as a result of the sharing economy or collaborative economy;

the way in which the privacy of clients/users and requests to provide personal data by the right holder or the judiciary should be dealt with;

drafting, evaluating and negotiating the relevant (IT) contracts, such as general terms and conditions, licenses, purchasing and sales terms and conditions and SLAs;

drafting the privacy policy, the cookie statement, the data leaks protocol and the data processing agreement;

online consumer law (distance selling regulations, the obligation to provide information and the right of withdrawal).

The Internet & Technology sector comprises companies that are involved in internet service provision, such as internet access providers, hosting providers, search engines, platforms, auction websites, online databases, news sites, forums, web shops and blogs. These types of companies are under continuous pressure, because there has to be a balancing act between the freedom of information, the right to privacy and the rights of third parties such as intellectual property rights. In politics too, these topics are high on the agenda.

bureau Brandeis’ attorneys are amongst the absolute best in the Internet & Technology sector. They are familiar with the relevant legislation, know the market and understand the technology. bureau Brandeis traditionally defends the interests of information intermediaries. bureau Brandeis’ attorneys are involved in the most talked-about cases in the Internet & Technology sector, including cases that come before the Dutch Supreme Court and the European Court of Justice.

Our specialists

Christiaan Alberdingk Thijm

Christiaan Alberdingk Thijm is partner of bureau Brandeis. He specialises in digital copyright, the liability of intermediaries, privacy and free speech issues. He is both a trusted advisor to his clients such as KPN, Netflix…

Gmail users have no reasonable expectation of privacy, claims Google’s counsel in a legal brief in a class action about its service. Untrue and not a very fortunate statement, says Christiaan Alberdingk Thijm on BNR…

The combining of personal data by Google since the introduction of its new privacy policy on 1 March 2012 is in breach of the Dutch data protection act (Wet bescherming persoonsgegevens). That is the conclusion…

Today, the Court of Appeals of The Hague rendered its judgment in the appeal of internet service providers XS4ALL and Ziggo against anti-piracy organization BREIN. In first instance, the District Court allowed Brein’s claims: an…